The modification of custody orders is determined based on what is in the best interest of the child. In these cases, it is not necessary to show a specific “change in circumstances,” although the court may consider any significant changes as a starting point for analyzing the child’s best interests. The focus of the court will always be on the child’s well-being, with particular emphasis on factors related to the child’s safety. While courts will examine whether there have been changes in circumstances, these will be considered alongside the factors influencing the child’s best interests.
A violation of a visitation order can be one of the factors taken into account during a custody modification.
Termination of Custody Orders
A custody order typically ends when the custodial parent passes away. In such cases, the surviving parent will assume custody, provided they are deemed fit to do so.
Relocation
Relocation of a child is only possible if all parties with custodial rights agree or if the court approves it. The party requesting the relocation must notify all other custodial parties at least 60 days before the intended move or, if they were unaware of the move, within 10 days of learning about it. The person proposing the relocation must prove that it is in the best interest of the child. The factors considered for relocation are similar to those used in awarding custody, with particular weight given to factors affecting the child’s safety.
Termination of Child Custody Orders
A custody order can end under several conditions: when the custodial parent passes away, when the child reaches the age of majority, or through a court order. If the custodial parent dies, the non-custodial parent will receive custody if they are found to be fit for it.
Divorce Lawyer R. Badet is an experienced attorney who is dedicated to assisting clients through all stages of the divorce process. His practice covers both simple and complex divorces, spousal support, child support, and child custody cases. With extensive knowledge and experience, he works hard to achieve the best possible outcome for each situation. For more information about your legal rights and options, visit his website or call for a free consultation. He is a respected attorney with years of experience, representing clients in both Family Law and Criminal Law matters.